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You are here: BAILII >> Databases >> European Court of Human Rights >> VAKULENKO AND OTHERS v. RUSSIA - 38875/20 (Article 3 - Prohibition of torture : Third Section Committee) [2024] ECHR 856 (07 November 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/856.html Cite as: [2024] ECHR 856 |
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THIRD SECTION
CASE OF VAKULENKO AND OTHERS v. RUSSIA
(Applications nos. 38875/20 and 45 others
see appended list)
JUDGMENT
STRASBOURG
7 November 2024
This judgment is final but it may be subject to editorial revision.
In the case of Vakulenko and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Ioannis Ktistakis, President,
Oddný Mjöll Arnardóttir,
Diana Kovatcheva, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 10 October 2024,
Delivers the following judgment, which was adopted on that date:
1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table.
2. The Russian Government ("the Government") were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the inadequate conditions of detention during their transport. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II. Jurisdiction
6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023).
III. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
7. The applicants complained principally of the inadequate conditions of detention during their transport. They relied on Article 3 of the Convention.
8. The Court notes that the applicants were detained in poor conditions during transport. The details of the applicants' detention are indicated in the appended table. The Court refers to the principles established in its case‑law regarding cramped and defective conditions during the transit of prisoners (see Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 124-27, 9 April 2019). It reiterates, in particular, that a strong presumption of a violation arises when detainees are transported in conveyances offering less than 0.5 square metres of space per person, regardless of whether such cramped conditions result from an excessive number of detainees being transported together or from the restrictive design of compartments (ibid., § 125). As regards longer journeys, factors such as a failure to arrange an individual sleeping place for each detainee or to secure an adequate supply of drinking water and food or access to the toilet seriously aggravate the situation of prisoners during transfers and are indicative of a violation of Article 3 (ibid., § 127).
9. In the leading cases of Idalov v. Russia [GC], no. 5826/03, §§ 103-08, 22 May 2012, and Tomov and Others (cited above), the Court already found a violation in respect of issues similar to those in the present case.
10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants' conditions of detention during their transport were inadequate.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
IV. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
12. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its well‑established case-law (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 113-39, ECHR 2014 (extracts), concerning placement in a metal cage in a courtroom during criminal proceedings; Tomov and Others, cited above, §§ 92-156, concerning the lack of an effective remedy in respect of the complaint about inadequate conditions of transports of detainees; Reshetnyak v. Russia, no. 56027/10, §§ 54-90, 8 January 2013, related to inadequate medical treatment in detention and the lack of an effective remedy in that respect; Idalov, cited above, §§ 139‑49 and 154-58, concerning excessive length and delayed review of pre-trial detention; Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect; Andrey Smirnov v. Russia, no. 43149/10, §§ 35-57, 13 February 2018, and Resin v. Russia, no. 9348/14, §§ 39-41, 18 December 2018, as regards restrictions on family visits in detention facilities).
13. In view of the above findings, the Court considers that there is no need to deal separately with the complaints lodged by some of the applicants under Article 13 of the Convention in respect of their placement in a metal cage in the courtroom (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. Regard being had to the documents in its possession and to its case‑law (see, in particular, Pukhachev and Zaretskiy v. Russia, nos. 17494/16 and 29203/16, 16 November 2017), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
3. Declares the applications admissible;
4. Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention during transport;
5. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see the appended table) and finds that there is no need to examine separately the remaining complaints about the lack of effective domestic remedies to complain about the use of metal cages and other security arrangements in the courtrooms under Article 13 of the Convention;
6. Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default during the default period plus three percentage points.
Done in English, and notified in writing on 7 November 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Ioannis Ktistakis
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
|
Application no. Date of introduction |
Applicant's name Year of birth
|
Representative's name and location |
Means of transport Start and end date |
Sq. m per inmate |
Specific grievances |
Other complaints under well‑established case‑law |
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant (in euros) [1] | |
|
1. |
38875/20 10/08/2020 |
Yuriy Yuryevich VAKULENKO 1981 |
|
train 19/02/2020 to 20/02/2020 |
<0.5 mē
|
overcrowding, insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
2. |
38880/20 10/08/2020 |
Ivan Sergeyevich CHURINOV 1998 |
|
train 22/02/2020 to 23/02/2020 |
<0.5 mē
|
overcrowding, insufficient number of sleeping places, lack of fresh air, passive smoking, no or restricted access to potable water, no or restricted access to toilet |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
3. |
38981/20 14/08/2020 |
Lenar Albertovich SAMIGULLIN 1999 |
|
van 01/03/2020 to 01/03/2020 |
0.4 mē
|
overcrowding, no or restricted access to toilet, inadequate temperature, lack of or insufficient natural light |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
4. |
39111/20 29/06/2020 |
Ivan Chingizovich MAMEDOV 1984 |
|
van, train 26/02/2020 to 27/02/2020 |
0.5 mē
|
overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, passive smoking, lack of fresh air, lack of or insufficient natural light, constant electric light, lack or insufficient quantity of food, poor quality of potable water, no or restricted access to toilet |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
5. |
40810/20 31/07/2020 |
Rashit Faritovich LATFULIN 1986 |
|
van 24/01/2020 to 18/02/2022 |
0.3 mē
|
applicant transported on numerous occasions, inadequate temperature, lack of fresh air |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
6. |
42960/20 15/09/2020 |
Ivan Vasilyevich LYUBAS 1975 |
|
train, transit cell, van 19/02/2020 to 20/03/2020 |
0.5 mē
|
inadequate temperature, no or restricted access to toilet, poor quality of food
|
|
1,000 |
|
7. |
43497/20 06/11/2020 |
Dmitriy Vyacheslavovich YUTIN 1991 |
|
train 27/07/2020 to 29/07/2020 |
0.3 mē
|
lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, overcrowding, no or restricted access to potable water, lack of fresh air |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
8. |
43701/20 18/10/2020 |
Artem Sergeyevich BULGAKOV 1990 |
|
train, round trip on two dates 15/04/2020 to 23/05/2020 |
< 0.5 mē
|
overcrowding, bunk beds, insufficient number of sleeping places
|
|
1,000 |
|
9. |
45557/20 24/09/2020 |
Aleksandr Aleksandrovich KOROVKIN 1984 |
|
train 17/01/2020 to 04/07/2020 |
< 0.8 mē
|
applicant transported on numerous occasions, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, overcrowding, passive smoking, poor quality of food, lack of fresh air
|
|
1,000 |
|
10. |
46117/20 07/09/2020 |
Andrey Nikolayevich MAKAROV 1977 |
|
train, van 25/06/2020 to 27/06/2020 |
0.3 mē
|
lack or insufficient quantity of food, no or restricted access to toilet, lack of fresh air, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, overcrowding |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
11. |
46441/20 29/09/2020 |
Aleksandr Dmitriyevich FAYZULLIN 1992 |
|
van 17/02/2020 to 22/07/2020 |
0.4 mē
|
lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, overcrowding, single occupancy cell, applicant transported on numerous occasions
|
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during court hearings before Justice of the Peace of the Lesozavodskiy Circuit of Syktyvkar, Komi Republic; Syktyvkar Town Court; Justice of the Peace of the Kuratovskiy Circuit of Syktyvkar, Komi Republic, judgment of 22/07/2020 |
8,500 |
|
12. |
47525/20 13/10/2020 |
Ivan Nikolayevich AKIFYEV 1986 |
Dmitriy Nikolayevich Shkelev Bor |
train 02/05/2020 to 03/05/2020 |
|
insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air, overcrowding, no or restricted access to potable water |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
13. |
50261/20 25/12/2020 |
Roman Nikolayevich LEBEDEV 1984 |
|
train, transit cell 07/09/2020 to 19/12/2020 |
0.45 mē
|
overcrowding, lack of fresh air, lack or insufficient quantity of food, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to toilet, applicant transported on numerous occasions, insufficient number of sleeping places, no individual sleeping place |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Pechora Town Court, from 14/08/2020 to 18/12/2020 |
8,500 |
|
14. |
50822/20 28/07/2020 |
Yevgeniy Viktorovich PAKHOLYUK 1995 |
|
train 25/03/2020 to 27/03/2020 |
0.3 mē
|
overcrowding, inadequate temperature, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack or insufficient quantity of food |
|
1,000 |
|
15. |
50854/20 29/10/2020 |
Dmitriy Yevgenyevich ZHULIN 1983 |
Dmitriy Nikolayevich Shkelev Bor |
van 18/06/2020 to 18/06/2020 |
|
lack of fresh air, overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of seat belt |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
16. |
52334/20 22/10/2020 |
Karo Sergeyevich BAGDASAROV 1972 |
|
van, train 11/07/2020 to 13/07/2020 |
0.3 mē
|
overcrowding, inadequate temperature, lack of fresh air, no or restricted access to potable water, insufficient number of sleeping places, no or restricted access to toilet |
|
1,000 |
|
17. |
52335/20 21/10/2020 |
Vitaliy Sergeyevich GUZENKO 1990 |
|
van, train 03/02/2020 to 23/07/2020 |
0.5 mē
|
overcrowding, lack of or poor quality of bedding and bed linen, lack of fresh air, passive smoking, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of food, lack or insufficient quantity of food, lack of or inadequate hygienic facilities, no or restricted access to potable water, no or restricted access to toilet, insufficient number of sleeping places |
Art. 13 - lack of any effective remedy in domestic law - in respect of inadequate conditions of detention during transport |
1,000 |
|
18. |
52774/20 17/11/2020 |
Aleksandr Sergeyevich SHULYUMOV 1995 |
|
train, van, transit cell 01/10/2020 to 15/10/2020 |
|
lack of fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, no or restricted access to toilet, no or restricted access to potable water, poor quality of food, passive smoking |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
19. |
55964/20 27/11/2020 |
Ernest Eduardovich DUNAYEV 1996 |
|
van, train 03/04/2020 to 17/06/2020 |
|
overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, applicant transported on numerous occasions |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,300 |
|
20. |
156/21 19/11/2020 |
Ildar Ramilyevich MUKHAMEDOV 1982 |
|
van, holding cell 15/04/2019 to 05/10/2020 |
0.17 mē
|
overcrowding, inadequate temperature, applicant transported on numerous occasions, lack of toiletries, lack or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light |
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Pushkinskiy District Court of St Petersburg, Frunzenskiy District Court of St Petersburg, St Petersburg City Court, between 15/04/2019 and 09/11/2020;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
8,500 |
|
21. |
1084/21 08/12/2020 |
Roman Alekseyevich DENISOV 1982 |
|
train, van 17/07/2020 to 19/11/2020 |
|
applicant transported on numerous occasions, lack of fresh air, insufficient number of sleeping places, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet
|
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
22. |
1230/21 14/12/2020 |
Sergey Sergeyevich ZADRUTSKIY 1989 |
|
train 13/07/2020 to 14/07/2020 |
0.43 mē
|
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, overcrowding |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
23. |
3209/21 06/12/2020 |
Ilya Andreyevich VASHUKOV 1986 |
|
van 25/01/2017 Pending as of 16/09/2022 |
0.3 mē
|
applicant transported on numerous occasions, lack of fresh air, overcrowding
|
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - use of glass cabin in the Arkhangelsk Regional Court from 25/01/2017, pending as of 16/09/2022, 4,8 sq. m. with 9 inmates (0,53 sq. m. per inmate);
Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - Rejection of long-term visits with his mother and restrictions of short-term visits - use of partition walls and communication devices in visiting rooms - while in detention on remand in IZ-1 Arkhangelsk Region from 26/05/2015 and during the trial proceedings;
Art. 5 (4) - excessive length of judicial review of detention - Arkhangelsk Regional Court 28/12/2020 - Second Appellate Court 04/02/2021; Arkhangelsk Regional Court 16/09/2021 - Second Appellate Court of General Jurisdiction 21/10/2021; Arkhangelsk Regional Court 24/12/2021 - Second Appellate Court of General Jurisdiction 03/02/2022 |
9,750 |
|
24. |
8321/21 26/12/2020 |
Aleksandr Valeryevich MELESHCHENKO 1983 |
|
train 17/09/2020 to 18/09/2020
train 30/09/2020 to 30/09/2020 |
0.4 mē
0.4 mē |
bunk beds, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, no or restricted access to toilet, no or restricted access to warm water, overcrowding, passive smoking
bunk beds, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to toilet, no or restricted access to warm water, overcrowding, passive smoking |
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - on 47 occasions the applicant placed in a metal cage when participating in civil and administrative proceedings during the same period when he was transported and beyond |
8,500 |
|
25. |
10514/21 20/05/2021 |
Valeriy Anatolyevich POPOV 1978 |
|
train 10/07/2020 to 11/03/2021 |
0.5 mē
|
overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to potable water, no or restricted access to toilet, 9 transfers between the police station (Usinsk) and remand prison (Vorkuta)
|
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - the applicant's placement in a metal cage during the hearings of his case by the Usinsk Town Court of Komi Republic on multiple occasions between 07/07/2020 and 09/03/2021 |
8,500 |
|
26. |
11506/21 01/02/2021 |
Olga Vladimirovna AFONINA 1982 |
|
van 08/03/2019 to 14/07/2022 |
0.325 mē
|
lack of fresh air, lack of or insufficient natural light
|
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - handcuffing during hearings at the Kalininskiy District Court of Chelyabinsk between 17/12/2020 and 14/07/2022 |
8,500 |
|
27. |
13299/21 19/02/2021 |
Viktor Aleksandrovich SHAFOROST 1979 |
|
van, train 06/06/2018 to 06/10/2020 |
0.2-0.5 mē
|
overcrowding, lack of fresh air, passive smoking, no or restricted access to toilet, lack of or insufficient natural light, inadequate temperature |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kirovo-Chepetskiy District Court of Kirov Region, Kirov Regional Court, Second Cassation Court of Common Jurisdiction 04/12/2020 to 29/01/2021
|
8,500 |
|
28. |
15654/21 18/02/2021 |
Andrey Aleksandrovich BETIN 1992 |
|
train 30/11/2020 to 19/12/2020
van, train 28/01/2021 to 08/05/2021 |
|
lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, the transport comprised the following transfers: on 30/11/2020 from Yaroslavl to Vologda (five hours), on 12/12/2020 from Vologda to Ukhta (52 hours), on 18/12/2020 from Ukhta to Vorkuta (31 hours)
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, insufficient number of sleeping places, bunk beds, lack of fresh air, passive smoking, lack or insufficient quantity of food, no or restricted access to warm water, lack of privacy for toilet, multiple transfers between the remand prison and the courthouse (located in different towns) pending the criminal proceedings against the applicant |
Art. 13 - lack of any effective remedy in domestic law in respect of detention conditions during transport;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during hearings from 31/03/2021 to 07/05/2021 |
8,500 |
|
29. |
19751/21 29/03/2021 |
Aleksey Aleksandrovich KUPTSOV 1971 |
|
train 09/11/2020 to 17/12/2020 |
|
overcrowding, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, lack of fresh air, lack of privacy for toilet, no or restricted access to toilet, passive smoking, no or restricted access to running water, lack of or inadequate hygienic facilities, no or restricted access to warm water, insufficient number of sleeping places |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of permanent video surveillance in detention facilities;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-18 Yamalo-Nenetskiy Region, until 09/11/2020; CCTV cameras were installed in January 2017 |
1,000 |
|
30. |
23995/21 16/04/2021 |
Aleksey Nikolayevich UZILOV 1976 |
|
train 03/12/2020 to 17/01/2021 |
<0.5 mē
|
bunk beds, lack of fresh air, lack of privacy for toilet, no or restricted access to potable water, overcrowding, poor quality of food, multiple transfers between correctional colonies
|
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Labytnangy Town Court of the Yamalo-Nenetskiy Region, 06/08/2021 and 16/08/2021; the applicant was placed in a metal cage while participating in administrative proceedings by means of a video link |
8,500 |
|
31. |
25265/21 21/04/2021 |
Sergey Igorevich LETYAGIN 1985 |
|
van 14/08/2021 to 14/08/2021 |
0.4 mē
|
insufficient personal space, no ventilation, no windows, round trip, each journey lasted three hours, single occupancy cell |
|
1,000 |
|
32. |
28287/21 18/08/2021 |
Vladimir Mikhaylovich SAKHNO 1980 |
|
train, van 11/08/2019 to 08/08/2021 |
< 1 mē
|
applicant transported on numerous occasions, insufficient number of sleeping places, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, overcrowding, poor quality of food
|
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during court hearings between 02/06/2020 and 26/10/2021, Pechora Town Court |
8,500 |
|
33. |
29395/21 21/05/2021 |
Dmitriy Anatolyevich PATRUSHEV 1991 |
Stanislav Yevgenyevich Muzafarov Novosibirsk |
van 04/02/2019 to 24/12/2020 |
|
applicant transported on numerous occasions, inadequate temperature, lack of fresh air, no or restricted access to toilet, 24 trips lasted from 2 to 4 hours
|
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage on 24 occasions in the course of the criminal proceedings against the applicant (from 04/02/2019 to 24/12/2020) presided by the Justice of the Peace of the 5th Oktyabrskiy/ 7th Kalininskiy/ 10th Leninskiy/ 12th Leninskiy/ 3rd Kalininskiy/ 1st Oktyabrskiy Court Circuit of the District of Novosibirsk, Kirovskiy District Court of Novosibirsk, Justice of the Peace of the 2nd and 5th Tsentralnyy Court Circuit of the District of Novosibirsk |
8,500 |
|
34. |
33309/21 07/06/2021 |
Anton Alekseyevich DANILENKO 1981 |
|
train 29/01/2021 to 02/03/2021 |
0.66-1 mē
|
lack of or poor quality of bedding and bed linen, overcrowding, bunk beds, applicant transported on numerous occasions, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet, no or restricted access to running water, no or restricted access to warm water, passive smoking, insufficient number of sleeping places
|
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of the complaint about permanent video surveillance;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance of the applicant, including by opposite sex operators, in IK-18 Yamalo-Nenetskiy Region, in the period from January 2017 to 29/01/2021 |
1,000 |
|
35. |
40200/21 17/08/2021 |
Radik Linarovich INSAFUTDINOV 1987 |
|
train 06/05/2021 to 21/11/2021 |
|
overcrowding, no or restricted access to toilet, passive smoking, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, the journey lasted over 24 hours, the applicant was transported on at least 7 occasions, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
36. |
45323/21 16/08/2021 |
Dmitriy Yuryevich NEGRUTSE 1984 |
|
train, transit cell 29/06/2021 to 19/07/2021
train, transit cell 30/08/2021 to 29/09/2021
|
|
applicant transported on numerous occasions, insufficient number of sleeping places, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, passive smoking, overcrowding, no or restricted access to toilet, lack or insufficient quantity of food, no or restricted access to potable water, lack of or insufficient electric light
passive smoking, overcrowding, no or restricted access to toilet, poor quality of potable water |
|
1,000 |
|
37. |
48970/21 15/11/2021 |
Ilya Andreyevich DRANNIKOV 1987 |
|
train 13/08/2021 to 16/08/2021 |
0.5 mē
|
overcrowding, passive smoking, no or restricted access to toilet
|
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
38. |
49923/21 19/01/2022 |
Denis Sergeyevich KLIMOV 1987 |
|
train 31/10/2021 to 05/11/2021 |
0.34 mē
|
overcrowding, 8-11 inmates in a train compartment meant to accommodate 6 persons, no or restricted access to toilet, no or restricted access to potable water, no or restricted access to warm water, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
1,000 |
|
39. |
50733/21 17/11/2021 |
Igor Aleksandrovich KORZUN 1989 |
|
train 09/09/2021 to 10/09/2021 |
0.2 mē
|
overcrowding, lack of or insufficient natural light, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, passive smoking, no or restricted access to warm water, no or restricted access to potable water, no or restricted access to toilet
|
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - metal cage in the Ukhta Town Court of the Komi Republic on 30/07/2021 and when participating in an appeal hearing via video link from SIZO-3 on 19/11/2021 |
8,500 |
|
40. |
51069/21 30/12/2021 |
Igor Vladimirovich KULIKOV 1973 |
|
train 11/10/2021 to 12/10/2021 |
<0.5 mē
|
lack of or insufficient electric light, overcrowding, passive smoking, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of fresh air, lack of or insufficient natural light, lack of or insufficient quantity of food, no or restricted access to potable water
|
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of permanent video surveillance;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance in IVS in Pechora (Komi Republic) where he was kept between 06/12 and 09/12/2021. Specific grievances: opposite-sex operators, video surveillance in the lavatory |
1,000 |
|
41. |
53122/21 25/11/2021 |
Vladislav Yuryevich MAKAROV 1999 |
|
train 03/09/2021 to 05/09/2021 |
|
overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, passive smoking, no or restricted access to toilet, inadequate temperature, 12 inmates per compartment |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - 9 times between 21/09/2021 and 17/01/2022, the applicant was placed in a metal cage during court hearings |
8,500 |
|
42. |
53392/21 15/10/2021 |
Viktor Sergeyevich NEPOVINNYKH 1988 |
|
van 10/06/2019 to 11/05/2021
train, van, transit cell 20/07/2021 to 17/08/2021 |
< 0.5 mē
|
overcrowding, lack of fresh air, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to toilet, passive smoking, absence of handrails and safety belts, 60 transfers, from 2 to 4 hours
lack of or insufficient electric light, lack of or insufficient natural light, passive smoking, overcrowding, no or restricted access to toilet, no or restricted access to potable water, applicant transported on numerous occasions, lack of or poor quality of bedding and bed linen, no or restricted access to running water, lack of privacy for toilet, no or restricted access to warm water, poor quality of food, lack of or inadequate hygienic facilities, absence of safety belts, absence of ventilation system |
|
1,000 |
|
43. |
53948/21 20/10/2021 |
Vitaliy Vyacheslavovich ALTYNBAYEV 1981 |
|
train 26/04/2021 to 04/05/2021 |
|
overcrowding, passive smoking, no or restricted access to potable water, insufficient number of sleeping places, no or restricted access to toilet, two 10-hour transfers to a prison hospital and back, 8 to 9 inmates in a compartment
|
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of inadequate medical treatment,
Art. 3 - inadequate medical treatment in detention - hepatitis, from 05/09/2016, pending as of 16/09/2022 - and the applicant was still in that situation when lodging his application form with the Court; lack of/delay in medical testing, lack of/delay in consultation by a specialist, lacking/delayed diet, lacking/delayed drug therapy |
16,000 |
|
44. |
983/22 19/11/2021 |
Oleg Ruslanovich BIRLOV 1972 |
|
van 29/03/2017 to 16/11/2021 |
<1 mē
|
lack of or insufficient natural light, lack of or insufficient electric light, applicant transported on numerous occasions, absence of ventilation system, absence of safety devices, over 140 transfers
|
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Second Court of Appeal; Video link from SIZO-1, Komi Republic; 01/09/2021 |
8,500 |
|
45. |
9807/22 19/01/2022 |
Ruslan Faridovich URAZAYEV 1980 |
|
van, train 25/08/2021 to 26/04/2022 |
0.5 mē
|
overcrowding, lack of or insufficient natural light, lack of or insufficient electric light, lack of seat belts, no or restricted access to toilet, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, passive smoking, lack of fresh air |
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport. |
1,000 |
|
46. |
24589/22 14/02/2022 |
Maksim Mikhaylovich KUSHTAL 1987 |
|
van 01/01/2017 Pending as of 16/09/2022
|
0.25 mē
|
transport between SIZO-4 Arkhangelsk and Arkhangelsk Regional Court, each transport lasted between 1 and 1,5 hours, lack of fresh air, lack or inadequate furniture, inadequate temperature, handcuffing during transport, overcrowding, applicant transported on numerous occasions
|
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in glass a cabin during hearings before the Arkhangelsk Regional Court from 12/01/2017, pending as of 16/09/2022; overcrowding, the cabin measured 1.8 to 2.7 sq. m and had 9 inmates;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities from 01/10/2021 - pending as of 16/09/2022, SIZO-4 Arkhangelsk Region,
Art. 5 (3) - excessive length of pre-trial detention - The applicant has been in pre-trial detention since 30/12/2014, the latest known detention orders: 2nd Appellate Court, St Petersburg, 03/02/2022 |
9,750 |
